Truck Accident Law
A competent truck accident lawyer possesses in-depth knowledge of the trucking industry, including specific laws that govern truck drivers and trucking companies. They will look into and find evidence such as the maintenance records of the trucking company that may be evidence of negligence.
A NYC truck accident lawyer will identify the parties who are negligent in your case and assist you in recovering from your injuries.
1. Injured or fatigued Driver
The easiest way to determine who is at fault in a collision between the truck and a passenger car is to examine the behavior of the driver. A lawyer who handles truck accidents will review video surveillance footage and witness testimony to determine the driver who was at fault.
Many places are equipped with surveillance cameras, including most interchanges and intersections as well in some hotels, gas stations restaurants, and other businesses. This evidence can be used by a truck crash lawyer to identify a potential defendant, particularly if the driver seemed distracted or unfocused at the time of the accident.
In concord truck accident law firm could be injured or fatigued at the time of the incident. A thorough analysis of the driver's track logs can reveal if they went too long without rest or if they failed to adhere to Motor Carrier Safety Regulations that limit the amount of time that truckers spend on the road and demand sufficient rest breaks.
The trucking company could also be held accountable for the negligent acts of their employee. A negligent hiring or training process may have contributed to the accident, as could policies that encourage drivers to drive for as long as possible, minimizing their rest and sleep time, and increasing their chances of causing an accident.
Government agencies responsible for maintaining roads may also be accountable if a road that is unsafe contributed to the accident. A skilled truck accident lawyer will identify the relevant agency and enlist a skilled construction or maintenance contractor to examine the root of the dangerous condition and, if appropriate, to determine the cause. An experienced lawyer can identify various parties who could be responsible and seek compensation from each source.
2. Defective Equipment
Many truck accidents happen because of defective equipment. This includes brakes, tires and cargo restraints. These components were developed to withstand a lot of wear and tear and should be maintained and repaired to prevent failure. If something goes wrong, the trucker might not be able to control their vehicle, and this can lead to tragic or fatal accidents. Defective truck parts and equipment could be the responsibility of a number of entities which include the trucking company, the manufacturer, and the repair or parts dealer shop.
If an accident happened because of a defective component or piece of equipment, the victim may seek damages for economic and noneconomic damages. Economic damages can include future and present medical expenses, lost income, and loss of earning capacity. Noneconomic damages may include pain and discomfort as well as brain injuries that are traumatic, and emotional distress. In certain instances, punitive damages are given to punish the defendant and to prevent future negligence.
Even with the best efforts of trucking companies and drivers, equipment issues are bound to happen. If this happens, it's crucial to identify the responsible parties to claim compensation for your losses.
The skilled lawyers at Burch law firm will assist you if you've been involved in a collision with a truck. Call us today to arrange a free consultation. Our lawyers will examine your case, find liable parties and fight to get the compensation you are entitled to. We can help you recover the amount you need to pay for medical bills loss of wages, physical or mental suffering. We handle cases throughout Missouri, including Jefferson City, Columbia, and St. Louis. We are available to take your calls 24 hours a day, seven days a week.
3. Improperly Loaded Cargo
The cargo trucks carry on the road may appear simple enough, but there are strict rules that drivers and loaders must adhere to when stacking and secure their loads. If they don't follow these guidelines, it could cause serious issues. In a recent report, the Federal Motor Carrier Safety Administration found that shifting cargo is among the most frequent causes of truck accidents.
Many of these truck accidents involve cargo falling off the vehicle and onto other vehicles or onto the roadway. This is especially risky due to the fact that the cargo may create an obstacle or hazard on the road, causing motorists to swerve or smash into it. It could also fall on people who are walking or riding a bicycle in the vicinity of the truck.
Depending on how the accident was triggered, several parties could be at fault. A driver who was negligent when loading his or her cargo might be held responsible according to the legal doctrine of respondeat superior. However the trucking firm that employs that driver might be also liable since it is accountable for the actions of its employees according to the principle of vicarious liability.
An experienced attorney for truck accidents will use police reports as well as professional investigators to identify the cause of an accident caused by inadequately secured or loaded cargo. An attorney from Cordisco and Saile LLC can assist victims in determining the proper defendants to pursue a claim against in order to obtain compensation for their losses. A successful claim can result in a settlement or verdict that will provide victims with the money they require to cover the costs of.
4. Unsafe Road Conditions
The trucking companies, as well their drivers, also have a responsibility to maintain their vehicles in good working order. Failure to do this could lead to serious accidents. There are many mechanical parts in trucks that need to be checked and replaced in order for them to function correctly. If this is not done, it can result in a dangerous, unsafe road.
The weather and road conditions can cause truck accidents too. Because of their size truck's size, they are more likely to crash in bad conditions and on roads that are wet. In addition truck drivers are required to follow strict Federal Motor Carrier Safety Administration rules regarding how long they can drive per day. These rules are meant to safeguard the public. However, when truckers ignore these rules to meet deadlines, or to earn more money from employers, they are putting the public at risk.
Unsafe road conditions include slippery pavement that prevents tires from maintaining traction, potholes and uneven surfaces that can cause skidding. Other problems can include inadequate markings for lane lines, like solid or broken lines that confuse the driver about the lane they're in, or merging ramps that aren't long enough for large vehicles to safely switch lanes.
If a truck crash occurs due to poor road conditions, the trucking company, or the government agency responsible for maintaining that road may be held liable for the occurrence. The party who created the dangerous conditions needs to be proven guilty of violating its duty of care. This could be due to negligent hiring or vehicle maintenance, as well as drug testing. California law allows victims to recover damages for medical expenses and lost wages, as well as suffering and loss of quality of life.
5. Injuries to pedestrians
Truck accidents can be dangerous for pedestrians who are walking along the roads or even in their yards. People who walk on foot are usually not protected from the huge size and weight of a truck, and may suffer devastating, often fatal injuries from these kinds of accidents.
In these kinds of cases an attorney for personal injury will seek compensation from any person that was negligent. In some instances, this may be as straightforward as the truck driver if they ran through a red light, and then struck the pedestrian, however in other instances it could be the trucking company that allowed the trucker to work longer shifts than allowed by law, failed to conduct proper maintenance on the vehicle, or conducted an investigation into the background of the driver that could have revealed the history of unsafe driving habits.
Accidents involving trucks and pedestrians are usually caused by the driver's lack of attention or distraction. This kind of accident is quite common in car accidents, but it can be deadly for truck drivers since they are higher in the air and have greater blind zones which are difficult to spot.
If a pedestrian gets injured in a collision with a truck and is injured, they may be awarded damages for medical bills or loss of earnings suffering and property damage. However, there are cases where the plaintiff is found to be partially responsible for the crash due to their own actions, for example, not stepping over to the left shoulder when a truck started to swerve, they could be awarded less compensation. It is important to hire an injury lawyer that is experienced and knowledgeable to handle your case. Contact us today to begin.